The Bonded Labour System (Abolition) Act, 1976 abolished bonded labour in India, making it a punishable offense with imprisonment up to three years and a fine of up to ₹2,000 for anyone compelling a person to perform forced labor. The Act also requires the identification and rehabilitation of bonded laborers, the cancellation of bonded debts, and the establishment of vigilance committees at district levels to implement the act's provisions.
How the Act is Used
- Abolition of the System: The Act declared the bonded labour system illegal, freeing all bonded laborers from any obligations to render service.
- Identification & Rehabilitation: District magistrates are responsible for implementing the Act and ensuring the identification and rehabilitation of bonded laborers.
- Vigilance Committees: District and sub-divisional vigilance committees are established to help implement the Act and provide oversight.
- Property Discharge: Any property attached to a bonded debt is automatically freed and discharged from the date of the Act's enforcement.
- Prevention of Eviction: Employers are prevented from evicting bonded laborers from their provided accommodations.
Punishments under the Act
- Enforcing bonded labor: Compelling a person to render any bonded labor is punishable with imprisonment for up to three years and a fine of up to ₹2,000.
- Advancing bonded debt: Advancing a debt to a person with the knowledge that it will result in bonded labor is punishable with imprisonment for up to three years and a fine of up to ₹2,000.
- Accepting payment for an extinguished debt: If a creditor accepts payment for a bonded debt after it has been extinguished by the Act, they can face up to three years of imprisonment and a fine. A court can also order the return of the accepted payment to the bonded laborer.
- Failing to restore property: Anyone who fails to restore property to a freed bonded laborer within 30 days is liable for up to one year of imprisonment, a fine of up to ₹1,000, or both. A portion of the fine may be given to the laborer at a rate of ₹5 per day for the period of non-restoration.
- Offences by companies: If an offense is committed by a company, any person in charge of and responsible for the company's business at the time of the offense is liable for punishment.
Challenges to Implementation
- Identification and underreporting: Bonded labor is often hidden and underreported, especially among migrant workers and those in the informal sector. Inadequate surveys and corruption can also lead to cases being dropped.
- Weak enforcement: Critics note that enforcement at the local level is often negligent or hindered by bureaucratic delays. This, combined with low prosecution and conviction rates, allows the practice to persist.
- Socio-economic factors: Deep-rooted issues like poverty, lack of financial alternatives, and caste-based discrimination continue to make marginalized communities vulnerable to exploitation.